Attorney Allan L. Baron

Attorney Message

I have been practicing individual centered law for over 20 years in the areas of divorce, real estate, estate planning, business matters, probate, and elder issues. My desire to better serve my clients in estate, business and investment planning led me to obtain financial designations (securities, financial advising) and Life and Health Insurance license. I am also a certified divorce financial advisor CDFA™. If I may be of assistance to you or a loved one, please call me to discuss your situation.

Summary

Verification- Supreme Judicial Court of Massachusetts

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Education

Suffolk University Law School, J.D., 1979University of Connecticut, B.A., 1976

Bar Admissions

Massachusetts, 1988Connecticut, 1979

Professional Associations

Massachusetts Bar AssociationAssociation of Divorce Financial PlannersMassachusetts Collaborative Law CouncilMassachusetts Council on Family MediationInternational Academy of Collaborative Professionals

About Me

About Allan L. Baron

Growing up in a large family in Connecticut that inspired values focusing on community service and education, Allan went on to attain a BA degree from the University of Connecticut and a Law degree from Suffolk Law School in Boston. Allan has worked in private law practice in Stamford, CT and in Andover, MA. In addition, he served as an Adjunct Professor at the Massachusetts School of Law for over 15 years while also operating his own mediation business with emphasis on helping divorcing couples. Allan has taught at a national e-learning institute educating students in paralegal studies. His desire to better serve his clients in estate, business and investment planning led him to obtain financial designations (securities, financial advising) and Life and Health Insurance license. He is also a certified divorce financial advisor CDFA™.

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Q&A

Legal Questions & Answers

There is nothing like the excitement of taking an international trip from the Andover, MA area to motivate you to do what you know you should have already done. The basic estate planning package in Massachusetts for those not seeking or needing estate tax planning or Medicaid (Masshealth) planning includes a Last Will and Testament, a Power of Attorney, a Health Care Proxy, a Living Will and a Homestead declaration. Trusts such as Revocable Trusts a/k/a Living Trusts and Irrevocable Trusts are recommended based on the dollar value of your estate when a strategy to minimize estate tax is appropriate. Often, older individuals who are not intending to transfer assets, relocate, buy or sell major items opt for a Trust instead of a Last Will so that their loved ones can avoid the long and costly probate process. Most law firms would be able to quickly generate the first set of basic documents provided they receive the necessary information form you to prepare them.

Elders have both statutory and common law rights in regard to their relationship with a nursing home. Both civil and criminal penalties are available if the elder has been deprived of a right or if this right has been abused or violated. Elders are considered a “protected class” and as such have many avenues (both private and public) to help them. An Elder Law Attorney will be aware of how best to proceed in a given situation. The attorney may handle the matter alone or in conjunction with the appropriate government agency.

A second marriage brings with it several legal issues and matters you must consider. You have identified a few: Should I have my current will reviewed? What assets/liabilities pass within and outside of my will? How do I coordinate leaving assets to the children of my first marriage and my husband of a second marriage?
Moving through the following process should help you and your husband:
1. List all assets and liabilities that you separately came to the marriage with, including real estate and trusts, cash/checking/savings and investment accounts; retirement accounts, life insurance policies, employee benefits, credit cards, mortgages and loans, etc.
2. Next identify how each account is titled because this may affect how a particular asset is transferred after death regardless of what your Last Will provides for.
3. The next step is to designate next to each item, the person to whom you wish the asset/liability to go to.
4. Finally make a list of any joint assets/liabilities you and your husband hold. Write down how they are titled and designate to whom you wish each of these items to pass.
5. The final step is to get appropriate advice from your financial, legal and insurance team of professionals or research the matter on line. It is important that you have one professional act as a “general” to take the lead and coordinate with the other professionals in ensuring you are provided with an “estate” plan that is best suited for the individual and common needs and desires of both you and your husband.

I suggest you look to your separation “divorce” agreement for your answer. If it is a thorough and complete agreement, it should cover the situation in which the original party agreeing to keep the family on his/her policy is no longer able to do so. Many agreements will shift the burden to the other party to obtain coverage if it is available through that person’s employment; the advantage being that many employer provided policies subsidize the cost of the policy to some degree for the employee. If that is available then there may be an agreement as to how to pay for the coverage as between the parties. If neither party is able to get coverage through their employer then usually the parties agree to coordinate and split the cost of coverage at least for the children. Good luck.
Allan Baron